Revolutionary War Pension and Bounty Land Warrant Application File S. 10587, Josiah Drake, New York

SERVICE
NUMBER
New York
Drake, Josiah
S. 10587
boarded
CONTENTS

20.069 New York
Sariah Drake
Ulster Co. in the State of N. York
who was a Private in the Camp commanded
by Captain Hartwick of the Reg. commanded
by Col. Paulding in the N.Y.
time for 9 mo & 29 d.
Inscribed on the Roll of N. York
at the rate of 33 Dollars 20 Cents per annum.
to commence on the 14th day of March, 1831.
Certificate of Pension issued the 1 day of Aug 1835 and in the A.D. 50th Million
Arrears to the 14th of Mar. '31 $ 6.40 Semest. allowance ending 6th Sep '31 16.60 $83.00
Revolutionary Claim, Act June 7, 1832. Recorded by G. C. Stiles Clerk Book E. Vol. 3. Page 54

State of New York
Ulster County ss Personally appeared before me Abraham D. Soper First Judge of Ulster County Courts, Josiah Drake of the Town of New Paltz in said County, to me personally known, who being first duly sworn according to law, deposeth and saith that he entered the service of the United States under the following named officers and served as herein stated. —
1 st In the first week in the month of August 1776 at New Paltz aforesaid he volunteered to serve for the term of five months in a company commanded by Captain Jacob Hasbrouck and Abraham Deyo was first Lieutenant therein. — Deponent marched to the Hudson River, and went on board of a Sloop lying near Poughkeepsie, on board of which said Sloop, he with the residue of said Company were transported to Fort Montgomery in the County of Orange, and from thence to Goshen River in the County of Westchester, from whence they marched by land to Kingsbridge, where they were engaged in keeping guard and erecting Fort Independence. — near the latter part of said term said Company marched from Kingsbridge to Fort Constitution, where they lay until the expiration of said term, which was the first of January 1777 when this Deponent with said Company was Honorably discharged Having served the said term of five months — Col. Levi Paulding commanded the Regiment to which said Company belonged, and Genl. Clinton the Brigade — Logan was Adjutant — at Kingsbridge deponent recollects of seeing General Washington, his army lay there, and at White Plains. — He also recollects seeing Captains Moses Cantine, Captain Forbight and Captain Swarthout. — Deponent further says that John Eckert and Abraham Palmatier of said town of New Paltz served with him during said term of five months —
2 nd On or about the fifteenth day of May 1777 deponent was drafted to serve one month in guarding the indian Frontier in the County of Ulster aforesaid, which said month he served under Captain John Schoonmaker, in Col. Cantine's Regiment, and was stationed at John Woodheads, at Sunkenkill in the said County of Ulster —
3 rd In the month of October 1777 when Fort Montgomery was taken by the British, and they were ascending the Hudson River, de

deponent belonged to Captain Ransom's Company of Militia at New Paltz, aforesaid, and was out in actual service guarding the shores of said River. For eight days. - at the expiration of said eight days, said Company marched from Kingston to Albany and thence to Stillwater in the County of Saratoga and continued there in actual service until after Burgoyne's army had surrendered. - said Company then took charge of four or five hundred British soldiers who were prisoners and brought them to Albany where they were delivered to the keeper of the Fort. From thence said Company returned home, and deponent served therein at this time three weeks. - Nathaniel Potter was Lieutenant in said Company and Col. Cantine commanded the Regiment. - deponent recollects Genl. Gates who commanded the American Army. -
4 th In the months of June, August, and October in the year 1778, deponent was drafted from his Class to serve one month at each of these several times, and actually served within said time in all three months. - in guarding the Indian frontiers in the said County of Ulster the first month he was stationed at Shocan in said County and served under Captain Frederick Schoonmaker - the second month he lay at Wawarsing in said County and served under Captain Abraham Deyo - the third month he lay at Shanda Bear in said County and served under Lieutenant Nathaniel Potter - Col. Cantine commanded the troops on said frontier. - deponent further says that in all of the above several services Abraham Palenater of said town of New Paltz was with him and does not know of any other person who can testify to his service excepting to the first above mentioned service of five months. He has no documentary evidence of any of said services. -
In answer to the interrogatories required to be put to applicants for a Pension, deponent says, -
1 st He was born at Fishkill in the County of Dutchess, State of

New York, on the first day of July 1750 old style -
2 o He has a record of his age now in his possession - 3 o He lived at the said Town of New Paltz, when called into the above services - and has resided there ever since the Revolutionary War - and now resides in said Town of New Paltz. 4 o He entered into the first above mentioned service as a volunteer at the other times he entered into the above mentioned services as a drafted man - 5 o He cannot recollect at this time any other officers, nor circumstances, than as above set forth, except Col. Asher - 6 o He always received a verbal discharge at the expiration of the several terms of service above mentioned - 7 o He is known to Wells Cake Esq r recently one of the Justices of this State and now one of the Judges of the said County of Ulster, residing near this deponent, in said Town of New Paltz, also to Doctor Marmaduke Weston who also resides near to this deponent, both of whom can testify to his character and their belief of his services -
And this deponent further says that by reason of old age and a lingering disorder upon him he is unable to attend any Court of Record in the said County of Ulster, neither has he been able to attend any such Court within ten years last past, and never expects to be well enough to attend any such Court, not having been out to his nearest neighbors for two years last past - said Courts are held at Grafton in said County of Ulster about Twenty Miles from the place of this deponent's residence -
He hereby relinquishes every claim whatever to a pension or annuity except the present, and declares that his name is not on the pension roll agency of any State
Subscribed and Sworn to the 19 th day of April 1833 before me -
Josiah Drake
A D Joseph First Judge of Ulster County Courts -

We Wells Lake and Barnabas Benton residing in the Town of New Paltz in the County of Ulster and State of New York Hereby certify that we are well acquainted with Josiah Drake who has subscribed and sworn to the above de- -claration; that we believe him to be eighty two years of age; that he is reputed and believed in the neigh- -borhood where he resides to have been a soldier of the Revolution, and that we concur in that opinion. We also certify that the said Josiah Drake is reputed to be a man of veracity and entitled to full credit. Subscribed and sworn to the 19 th day of April 1833. before me J. D. Joseph First Judge of Ulster County courts.
Wells Lake Barnabas Benton
I, Abraham D. Joseph, First Judge of Ulster County courts in the State of New York, do hereby certify that I am personally acquainted with the above named Josiah Drake, who resides in the Town of New Paltz in said County. That he is a Creditable witness, and for the reasons stated in his deposition above set forth will not in my opinion be able to attend any court of record to be held in said County at any time hereafter. I have therefore investigated the matter of his application, and after putting to him the interrogatories prescribed by the War Department declare my opinion that the said Josiah Drake was a Revolutionary soldier and served as he states in said deposition. And I further certify that I am personally acquainted with Wells Lake and Barnabas Benton who have signed the preceding certificate, that they are men of veracity and their statement entitled to full credit. Dated April 19 th 1833.
A. D. Joseph, First Judge

c No 25713
Isiah Drake Ulster County New York
Admitted
Private 9 mo & 29 days
3199
A. D. Soper, Milton, Ulster County New York

WAR DEPARTMENT,
Pension Office,
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. Those points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, showing the Service of Josiah Drake Ulster County New York
   Period when the service was rendered. Duration of the claimant's service. Rank of the claimant. Names and rank of the Field officers under whom he served. Age at present, and place of abode when he entered the service. Proof by which the declaration is supported.   Years. Months. Days.     Vol. Aug t 1776 — 5 — private Capt Hasbrouck, Col Paulding 83 years Ulster County New York Testimonial evidence Two witnesses Certified credits - papers correct   Drafted May 1777 — 1 — " Capt Schoonmaker, Col Cantine   Served Oct. 1777 — — 8 " Capt Ransom   Served — — 21 " Col Cantine, G. Gater   Draft 1778 — 3 — " Capt Schoonmaker, Capt Deyo, Col Cantine   9 29  
I am, respectfully,
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c., Teamsters, Boatmen, &c. Persons who served on board of private armed vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
 1. The Regular Troops.  2. The State Troops, Militia, and Volunteers.  3. Persons employed in the Naval Service.  4. Indian Spies. 
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will, in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this day of personally appeared (a) before A. B. a resident (b) of in the county of and State, Territory or District of aged (c) years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d), with and served in the (e) regiment of the line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office (i) this day of &c.
If, on examination of the proper record, the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out.
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the and C. D. residing in (the same) hereby certify, that we are well acquainted with , who has subscribed and sworn to the above declaration; that we believe him to be years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the days and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B. who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, Clerk of the Court of do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this day of &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration, (l) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his

alleged service, as they are known at the Department. A very full account of the services of each person will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. } Did you ever receive a discharge from the service, and if so, by whom was it given, and what has become of it? { To an Officer. } Did you ever receive a commission, and if so, by whom was it signed, and what has become of it?  7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons—one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify to the character and standing of other persons giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court, by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the Peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , is too indefinite, and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

Rev War
10584 INVALID.
File No. 10,581
Josiah Drake Pr. Rev War
Act: June 7 th 32
Index: —Vol. 2 , Page 102
[Arrangement of 1870.]
June - 11 - 1900. Mrs. M. D. Babcock Syracuse N.Y.
1931 Feb. 14. hist. to Mr. Victor M. Drake. See correspondence in ch. of James Drake W. 7043 M.C.A.

State of New York
Ulster County ss John Echer of the Town of New Paltz in the said County of Ulster, being duly sworn cloth depose and say that he is personally acquainted with Josiah Drake of the said Town of New Paltz and has known him during and ever since the Revolutionary war - that since Josiah Drake with this deponent and others were out in actual service during said Revolutionary war for the term of five months, commencing the first of August 1776 and ending the first of January 1777. in a Company of Militia commanded by Captain Jacob Hasbrouck Abraham Leye first Lieutenant, Frederick Westbrook second Lieutenant and Reuben Dewitt Ensign, in Col. Levi Paltzing Regiment. that the said Josiah Drake served the whole term of said five months, and was Honorably discharged at the expiration thereof - said Company was stationed most of the time at Kingsbridge in the County of Westchester. - This deponent further says the said Josiah Drake is a man of truth and entitled to full credit as a witness -
Sworn April 18 th 1833 before me
John Echer mark
J. D. Soper First Judge of Ulster County
I hereby certify that I am personally acquainted with the above named John Echer, that he is a man of veracity and entitled to credit as a witness -
J. D. Soper First Judge of Ulster County

State of New York
Ulster County ss
Abraham Palmalee of the Town of New Paltz in the said County, being duly sworn doth depose and say that he is personally acquainted with Josiah Drake, now present before him and has known him during and ever since the Revolutionary War, - that the said Josiah Drake and this deponent, served the United States during the Revolutionary War, as follows - First. For the term of five Months from the first of August 1776 to the first of January 1777, we were stationed most of the time at Kings Bridge and Morrisania in the County of Westchester, and served under Captain Jacob Hasbrouck in Col. Levi Paulding's Regiment - at the expiration of said five Months, then said Josiah Drake was honorably discharged at Fort Constitution, opposite West Point. - And this deponent further says that said Josiah Drake was in actual service under Captain Peleg Ransom in October 1777, for at least eight days in guarding the shores of the Hudson River, when the British were going up said River, after they had taken Fort Montgomery. - The said Josiah Drake also served under Captain Ransom immediately thereafter on an alarm, and went to Still Water in Saratoga County at the time Burgoyne's Army surrendered, deponent was with him and the said Josiah was in actual service at this time between three and four weeks and this deponent further says that the said Josiah Drake in the years 1777 and 1778 served in guarding the indian frontier in the said County of Ulster for four months in terms of

of one month each, at Lurenkill, Wawarsing, Shoean and Shandaken, under Captain John Schoonmaker, Abraham Deyo Frederick Schoonmaker and Lieutenant Nathaniel Potter - and this deponent further says that the said Josiah Drake is a man of veracity and entitled to full credit -
Sworn April 19 th 1833 before me
J. D. D. First Judge of Ulster County -
His Abraham P. Palmatier mark
I hereby certify that I am personally acquainted with the above named Abraham Palmatier - that he is a man of veracity and entitled to credit as a witness - Date April 19 th 1833 -
J. D. D. First Judge -
Ulster County
Clerk's office for J. Jacob Snyder Clerk of the County of Ulster and clerk of the Court of Common Pleas of Ulster County do hereby certify that Abraham D. Deyo Esquire was on the day of the date of the application of Josiah Drake for a pension and of the annexed affidavits First Judge of Ulster County and further that I am well acquainted with the hand writing of said Judge and rightly believe the subscribed signatures of said Judge to the Certificats to said application and to the said annexed affidavits to be genuine
In witness whereof I have hereunto subscribed my name and affixed the seal of said Court and County this twenty fourth day of April 1833.
Jacob Snyder